Michigan 2023-2024 Regular Session

Michigan House Bill HB5149

Introduced
10/17/23  
Refer
10/17/23  
Refer
10/24/23  
Report Pass
11/8/23  
Engrossed
11/9/23  

Caption

Children: adoption; central adoption registry; modify. Amends secs. 27a, 27b, 67 & 68, ch. X of 1939 PA 288 (MCL 710.27a et seq.) & adds sec. 27c to ch. X. TIE BAR WITH: HB 5148'23

Impact

The impact of HB 5149 on state laws primarily involves the regulation of adoption records and the release of identifying information. By mandating courts and child placing agencies to inform former parents of their rights regarding the release of information, the bill aims to streamline the process for adult adoptees seeking to connect with their biological families. Importantly, it ensures that all information will become public records 100 years after the adoptee's birth, thereby providing a framework for long-term access to these records.

Summary

House Bill 5149 amends sections of the Michigan Probate Code of 1939 to facilitate access to identifying information related to adoptions. The bill establishes a central adoption registry that maintains records of statements from former parents consenting to or denying the release of their identifying information. This enables adult adoptees to request information about their birth origins more easily while also providing a mechanism for parents to consent to or deny such disclosures at any time. This amendment aims to modernize the state's adoption processes, reflecting a shift towards greater transparency in adoption records.

Sentiment

Discussions surrounding the bill suggest a generally positive sentiment towards enhancing the rights of adoptees. Advocates argue that allowing easier access to identifying information supports personal identity and heritage, which can be particularly significant for adult adoptees. However, concerns have been raised about the privacy of former parents and the emotional ramifications of such disclosures, illustrating a nuanced debate where the needs for transparency and privacy must be balanced.

Contention

Notable points of contention include discussions about the implications of relinquishing the privacy rights of former adoptive parents. Some legislators express worry that the bill could lead to unintended consequences, such as emotional distress for families involved in closed adoptions. Additionally, the structured process for enrolling in the central adoption registry and the potential fees associated with obtaining records raise questions about accessibility and equity in the system.

Companion Bills

MI HB5148

Same As Records: vital records; requirements to obtain certificate of live birth of an adult adoptee; provide for. Amends secs. 2829 & 2882 of 1978 PA 368 (MCL 333.2829 & 333.2882). TIE BAR WITH: HB 5149'23

Similar Bills

MI HB4529

Records: adoption; release of adoption information; modify. Amends sec. 68, ch. X of 1939 PA 288 (MCL 710.68).

MI SB0434

Children: services; reference to “children’s ombudsman” in the probate code of 1939; amend to “child advocate”. Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: SB 0432'23

MI HB4640

Children: services; reference to "children's ombudsman" in the probate code of 1939; amend to "child advocate". Amends secs. 67 & 68, ch. X & sec. 19b, ch. XIIA of 1939 PA 288 (MCL 710.67 et seq.). TIE BAR WITH: HB 4638'23

VA SB1406

Children's Ombudsman, Office of the; foster youth's right to receive information.

VA HB1777

Children's Ombudsman, Office of the; foster youth's right to receive information.

LA SB392

Provides relative to adoption records by adopted persons. (gov sig) (OR +$358,676 GF EX See Note)

LA HB1028

Provides relative to certain birth records (RE INCREASE GF EX See Note)

MI HB4664

Children: protection; certain child death review records; allow disclosure to parents under certain conditions. Amends sec. 7b of 1975 PA 238 (MCL 722.627b).